What Is Michigan's Medical Malpractice Statute of Limitations?

A "statute of limitations" is a law that impacts your right to file a lawsuit. Specifically, it sets a strict time limit on your right to file a lawsuit.

If the deadline has passed and you try to file the lawsuit, it's a safe bet that the defendant—in the context of a medical malpractice case, that's the doctor or health care facility you're trying to sue—will ask the court to dismiss the case. And if the court grants that request (as it almost certainly will), that's the end of the lawsuit. So it's crucial to pay attention to the statute of limitations as it applies to your case.

What is Michigan's Statute of Limitations for Medical Malpractice Cases?

Now, onto the specifics of Michigan's statute of limitations in medical malpractice cases. The standard deadline, in Michigan Compiled Laws section 600.5805(8), gives you two years to get your medical malpractice lawsuit filed in the state's court system, against the health care provider you think is responsible for harming you.

More: Does it make sense to file a medical malpractice lawsuit?

When Does the Medical Malpractice Statute of Limitations "Clock" Start in Michigan?

In most situations, the two-year clock starts on the day the health care provider committed the medical error that led to the malpractice case. But that might not be the end of the "clock" question.

Is There a "Discovery Rule" for Michigan Medical Malpractice Lawsuits?

Yes, and if it applies to a medical malpractice case, it could effectively extend the lawsuit-filing filing deadline.

Michigan Compiled Laws section 600.5838a says that a medical malpractice case must be filed within the standard two-year time period or "within six months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later."

Keep in mind that if you're relying on this six-month rule, as the injured patient who's filing the lawsuit, you have to be able to show that you didn't discover—and couldn't have reasonably discovered—the existence of the claim before you did.

What Is Michigan's "Statute of Repose" for Medical Malpractice Lawsuits?

Michigan also has a larger, overarching deadline for filing a medical malpractice lawsuit (known as a "statute of repose"), which gives you six years after the occurrence of a medical error to get your lawsuit started against the health care provider, regardless of when the error was or should've been discovered.

The only exceptions to this six-year statute of repose in Michigan medical malpractice lawsuits are:

• cases where the defendant health care provider took steps to fraudulently conceal the occurrence of the error, or
• when the malpractice led to "permanent loss of or damage to a reproductive organ resulting in the inability to procreate."

In those two situations, the court won't hold the injured patient to the overarching six-year deadline.

Can the Michigan Medical Malpractice Lawsuit Deadline Be Extended?

Yes, in some situations. For example, if the injured patient was a minor (under the age of 18) at the time of the medical error, or if they had been deemed legally incompetent at the time of the medical error, there may be grounds for extending the lawsuit-filing deadline.

By now it should be clear that it's crucial to comply with the statute of limitations when you decide to sue a doctor or other health care professional. If you have questions about how the filing deadline applies to your situation—or if you just want to learn more about your options after harm caused by a medical treatment error—it might make sense to talk to an experienced legal professional. Learn more about hiring and working with a medical malpractice lawyer.